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File #: 210983    Version:
Type: Resolution Status: Passed
File created: 10/12/2021 In control: COMMON COUNCIL
On agenda: Final action: 11/2/2021
Effective date:    
Title: Substitute resolution authorizing settlement of claims in the lawsuit entitled Rodolfo Gomez v. Board of Fire and Police Commissioners for the City of Milwaukee, Milwaukee County Circuit Court, Case No. 15-CV-6824.
Sponsors: THE CHAIR
Indexes: CLAIMS, FIRE AND POLICE COMMISSION, SUITS SETTLEMENT
Attachments: 1. Gomez cover letter, 2. Gomez - Draft Fiscal Impact Statement, 3. 2022-01-13 Gomez - Order For Payment of Reasonable Attorneys Fees Incurred (Doc 154)

Number

210983

Version

SUBSTITUTE 1

 

Reference

 

Sponsor

THE CHAIR

Title

Substitute resolution authorizing settlement of claims in the lawsuit entitled Rodolfo Gomez v. Board of Fire and Police Commissioners for the City of Milwaukee, Milwaukee County Circuit Court, Case No. 15-CV-6824.

Analysis

This resolution authorizes a settlement payment in the lawsuit Rodolfo Gomez v. Board of Fire and Police Commissioners for the City of Milwaukee, Milwaukee County Circuit Court, Case No. 15-CV-6824, in the amount of $335,772.02.

Body

Whereas, The plaintiff, Rodolfo Gomez, filed a lawsuit against the City of Milwaukee seeking compensation for back pay to which he alleged he was entitled; and

 

Whereas, The plaintiff has agreed to settle his claims against the City of Milwaukee through a settlement agreement providing for payment of the total amount of $335,772.02; and

 

Whereas, The City Attorney recommends and the Common Council of the City of Milwaukee deems it expeditious that the City pay a settlement of the claims against it in this lawsuit; now, therefore, be it

 

Resolved, By the Common Council of the City of Milwaukee, that the proper City officials are authorized and directed to issue a City check in this matter in the amount of $335,772.02 payable to the order of Rodolfo Gomez; and, be it

 

Further Resolved, That this payment is to be made in full and final settlement of all monetary damages sought in this lawsuit, including reasonable attorney’s fees and costs, on receipt of a court order, approved as to form and execution by the City Attorney, to be charged to the Damages and Claims Fund, Account No. 0001-1490-S118-006300; and, be it

 

Further Resolved, That the funding of the settlement amount is authorized by approval of this resolution, and that the proper City officers are authorized to make the necessary transfers to the appropriate accounts or funds to disburse the settlement amount; and, be it

 

Further Resolved, That $335,772.02 shall be appropriated to the Damages and Claims Fund Account No. 0001-1490-S118-006300; and, be it

 

Further Resolved, That the City Attorney is authorized to expend $335,772.02 in the account 0001-S118-006300, for purposes related to settlement and payment of damages and claims; and, be it

 

Further Resolved, That the City Comptroller is directed to establish the necessary accounts and accounting procedures to carry out the intent of this resolution.

 

Requestor

City Attorney

Drafter

RAP

LRB 177041-2

Teodros W. Medhin

Christopher Hillard

10/20/2021